(a) (1) The sheriff of each county shall provide an item of
personal body armor commonly known as a ballistic resistant vest to
each of his or her deputy sheriffs, subject to the following:

(A) Each of his or her deputy sheriffs who is so employed on
July 1, 2013 and who holds a valid law enforcement certification
issued under article twenty-nine, chapter thirty of this code on
that date, shall receive the vest on or within a reasonable time
after July 1, 2013;

(B) Each of his or her deputy sheriffs who is so employed on
July 1, 2013 and who is certifiable under the provisions of section
five, article twenty-nine, chapter thirty of this code on that
date, but who subsequently meets the requirements for certification
under that section,shall receive the vest on or within a reasonable
time after the date he or she is issued a valid law enforcement
certification;

(C) Each of his or her deputy sheriffs who is so employed on
a conditional basis on July 1, 2013 and who is not certified or
certifiable under the provisions of section five, article
twenty-nine, chapter thirty of this code on that date, but who
subsequently meets the requirements for certification under that
section, shall receive the vest on or within a reasonable time
after the date he or she is issued a valid law enforcement certification;

(D) Each of his or her deputy sheriffs who is so employed
after July 1, 2013 and who holds a valid law enforcement
certification issued under article twenty-nine, chapter thirty of
this code on the date of his or her employment, shall receive the
vest on or within a reasonable time after July 1, 2013; or

(E) Each of his or her deputy sheriffs who is so employed
after July 1, 2013, and who is certifiable as described in
paragraph (B) of this subdivision on the date of employment, or who
is not certified or certifiable on the date of employment as
described in paragraph (C) of this subdivision on the date of
conditional employment, but who subsequently meets the requirements
for certification under section five, article twenty-nine, chapter
thirty of this code, shall receive the vest on or within a
reasonable time after the date he or she is issued a valid law
enforcement certification.

(2) (A) A ballistic resistant vest or other personal body
armor provided under this section or otherwise shall meet the
minimum performance standards for the ballistic resistance of
personal body armor established by Standards and Testing Program
sponsored by the Office of Science and Technology of the National
Institute of Justice (NIJ), Office of Justice Programs, U.S.
Department of Justice on the date the personal body armor is
provided.

(B) Notwithstanding any other provision of this section to the contrary, no body armor model determined to be unsuitable by the
National Institute of Justice may be provided to any deputy sheriff
under the provisions of this section.

(3) A sheriff is not required to provide a ballistic resistant
vest or other model of personal body armor under this section to a
deputy sheriff where:

(A) The sheriff had provided personal body armor meeting the
standards established by this section prior to the date upon which
the sheriff would otherwise be required to provide it under this
section; or

(B) The deputy sheriff owns personal body armor meeting the
standards established by this section on the date upon which the
sheriff would otherwise be required to provide personal body armor
under this section and and elects in writing to decline acceptance
of the personal body armor that would be provided under this
section.

(b) The county commission of each county shall expend from the
general county fund, upon request and requisition by the sheriff of
the county, the necessary and proper expenses of providing the
personal body armor described in subsection (a) of this section.

(c) No provision of this section may be construed to prevent
a county commission, in its discretion, from expending such funds
as may be necessary and proper to provide additional ballistic
resistant vests, ballistic resistance jackets or other models of
personal body armor equipment for the use of the sheriff and his or her deputies, nor to in any manner limit a sheriff from incurring
actual and necessary expenses in the discharge of his or her duties
for any purpose specified under section thirteen of this article.

(d) Each county commission and sheriff is encouraged to seek
available federal and other lawful funds or assistance to defray
the expenses incurred under this section.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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